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The distinction between independent contractor and employee is an important one in the United States, as the costs for business owners to maintain employees are significantly higher than the costs associated with hiring independent contractors, due to federal and state requirements for employers to pay FICA (Social Security and Medicare taxes) and unemployment taxes on received income for ...
IRS Form SS-8 can be filed with the IRS to request that the agency determine the classification of a worker. [ 9 ] In Australia in the 1950s, certain coal mining operations attempted to dodge mandatory pension payments for mineworkers, through contracting and sub-contracting which "made it difficult to classify the employees of contractors and ...
The IRS Internal Revenue Manual is the official source of instructions to IRS personnel relating to the organization, administration and operation of the IRS. The IRM contains directions IRS employees need to carry out their responsibilities in administering IRS obligations, such as detailed procedures for processing and examining tax returns.
Key employees are generally the top 50 employees with pay above $150,000. [5] The rules restricting the timing of elections as to the time or form of payment under a nonqualified deferred compensation plan fall into two categories: [6] initial deferral elections; subsequent deferral elections
In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they inquire about, discuss, or disclose their compensation or that of others, subject to certain limitations. Its regulations can be found at CFR Title 41 Chapter 60: Public Contracts and Property Management.
The payor was required to report the name and address of the payee and the total amount of payments on Form 1099 and sent to the Internal Revenue Service by March 1 of the year following the payments. The payor was required to include Form 1096, a letter of transmittal and affidavit certifying the accuracy of each Form 1099. [34] [35]
However, such employees are more expensive to hire than independent contractors because Social Security and Medicare taxes must be paid on wages in the form of FICA tax. [2] Statutory employees pay FICA tax through their employer, and so do not pay self-employment tax; despite this, they must report expenses, income and wage.
In an employer–employee arrangement, Forms W-9 and 1099 should not be used. Instead, the corresponding Form W-4 (to provide information) and Form W-2 (to report the amount paid) should be filed instead. [5] However, an employer may still send Form W-9 to have the information on record that the payee does not need to be sent a Form 1099.